For the purposes of this subchapter, the following list includes, but is not limited to, conditions which may constitute a nuisance:
(A) Litter;
(B) Accumulations of weeds, rubbish, trash, refuse, junk or other abandoned materials, metals and lumber;
(C) Fallen trees, stumps, dead trees, cut brush and fallen or cut limbs, except for stacked firewood;
(D) Boxes, appliances, household items and tires;
(E) Open excavations, uncovered or improperly- covered holes, whether lined or unlined, and dirt piles on any open or unfenced real property within the town, unless the dirt will be utilized in the future on the property in question;
(F) Automobile parts, unlicensed or inoperable vehicles, disassembled automobiles, automobiles without engines, plumbing and piping materials and parts, scrap metal, unseaworthy or dilapidated boats and dilapidated, deteriorated or non-operable jet skis, snowmobiles, bicycles, trailers or mopeds;
(G) Demolition remains;
(H) Structures defaced with paint, graffiti or wording;
(I) Any wastewater, filth, offal, garbage, rubbish, animal waste or human excrement which is deposited or allowed or caused to be upon any public or private property;
(J) Any water or any other substance which is caused or permitted to flow onto or to be deposited upon any private or public way, except for natural surface water drainage;
(K) The erection of dams or any other obstruction by a private party which prevents the natural flow of water and causes it to collect and pool upon any public property;
(L) Accumulations of stagnant water;
(M) Any real or personal property used as a place of residence or habitation or for sleeping which is maintained in such a way so as to be dangerous or detrimental to life or health due to a lack of or defects in water, drainage, heat, electricity, plumbing, ventilation or garbage and trash removal;
(N) The storage of any explosive, combustible or other material which creates a safety or health hazard;
(O) Trees, shrubbery, weeds or other matter which obstructs public ways or causes visual barriers that create vehicular traffic or pedestrian safety hazards;
(P) The placing or accumulating on or within any real or personal property, or the permitting of the same, of any matter which attracts rodents, insects or domestic or wild animals in such a manner so as to create a health hazard or unsanitary or dangerous condition;
(Q) Any real or personal property infested with insects, rats, vermin or wild or domestic animals to a degree which prevents the reasonable use and enjoyment of adjoining and surrounding properties;
(R) Any dead animals or animal parts;
(S) Any real or personal property which is infected with a contagious disease or is likely to cause an immediate health hazard;
(T) Basketball goals or other privately-owned structures erected in or infringing upon any public place or right-of-way which are deemed to create a safety hazard to the public;
(U) Any furniture not originally designed or manufactured solely for outdoor use or furniture which was originally designed or manufactured for outdoor use which is now dilapidated or deteriorated;
(V) Trash or garbage strewn upon the ground in the vicinity of trash or garbage containers unless enclosed in containers or bags as authorized by this code on regular collection days; and
(W) Trash or garbage containers left upon the sidewalk, the area between a street and a sidewalk, the front or side yard or any public place except as permitted by this code for trash and garbage collection purposes on regular collection days.
(1) This is provided that in those cases where it is demonstrated to the satisfaction of the enforcement authority that there is no physical possibility of locating trash containers at a site other than in one of the locations prohibited under this division (W), the enforcement authority is authorized to issue a written variance from this division (W) upon such terms and conditions as the enforcement authority deems appropriate.
(2) Such variance may not allow for permanent placement of such containers on a public place. Records shall be maintained of all such variances issued and the reasons justifying the issuance thereof.
(Ord. 2011-2, passed 5-3-2011)